S.L. 399.45 Art. 5Information required for SIM registration. 4 [S.L. Cap. 9. 5

(1) The undertaking or the reseller shall register a

SIM through any available means provided by an undertaking, provided that the subscriber who is in a possession of an identity document or passport issued in Malta, provides the following information:

(a) name and surname; and

(b) number of the identity document or passport.

(2) The undertaking or the reseller shall register a SIM through any available means provided by an undertaking, provided that the subscriber who is in possession of an identity document or passport issued by the pertinent authorities of a Member State of the European Union, Norway, Iceland, Liechtenstein or Switzerland, provides the following information:

(a) name and surname;

(b) number of the identity document or passport, and where not available, the identification document number of the identity document or passport; and

(c) name and country of the pertinent authority where possible, that issued the identity document or passport.

(3) The undertaking or the reseller shall register a SIM on behalf of an entity through any available means provided by an undertaking, provided that the legal representative of the said entity, provides the following information:

(a) name of entity;

(b) name, surname and designation of the legal representative;

(c) number of the identity document or passport of the legal representative and where not available, the identification document number of the identity document or passport; and

(d) registration number of the entity, where

(SIMS) USED FOR PUBLICLY AVAILABLE ELECTRONIC 399.45 COMMUNICATIONS SERVICES.

applicable.

(4) The undertaking or reseller shall register a SIM through any available means provided by an undertaking, provided that the subscriber who is in possession of an identity document listed in the Schedule, provides the following information:

(a) name and surname;

(b) an identifying number and the type of document; and

(c) name and country of the pertinent authority where possible, that issued the document.

(5) An undertaking or reseller shall not register a SIM in the name of a minor.

(6) A subscriber shall be responsible for any SIM which is registered in his name but is being used by any other person who is not the subscriber.

(7) The subscriber on registration shall present valid and original documentation in accordance with sub-regulations (1), (2), (3) or (4) of regulation 5, and the undertaking or the reseller shall be responsible for verifying the identity of the subscriber.

(8) Any person who shall knowingly provide a false document shall be subject to the applicable provisions relating to the production of false documents as provided for in the Criminal Code.

(9) When a subscriber wishes to register a SIM but is unable to carry out the registration himself, the subscriber may authorise a person to carry out the registration on his behalf, which is subject to the completion of a declaration found in a registration form, as provided by the undertaking. The authorised person registering on behalf of the subscriber shall also provide the undertaking or the reseller with proof of identification as well as that of the subscriber. The registration form shall contain the necessary details of the subscriber and of the person carrying out the registration on his behalf, including the provision of the related documentation and the undertaking or the reseller shall be responsible for verifying their identities.

(10) When a registered subscriber wishes to transfer a SIM to another person, the registered subscriber shall make this request by submitting a transfer form, as provided by the undertaking. The transfer form shall contain the necessary details of the subscriber and of the person receiving the transferred SIM, in accordance with the requirements laid down in this regulation, including the provision of the related documentation, and the undertaking or the reseller shall be responsible for verifying their identities.

(11) If an undertaking is aware or becomes aware that a person is, with reference to the documents listed in sub-regulations (1), (2), (3) and (4) of regulation 5, knowingly making use of a false document or documents, the undertaking shall refuse to consign the SIM and, if the SIM has already been activated, the undertaking shall deactivate the SIM immediately:

Provided that this provision shall apply in the same manner to a reseller except that, where the SIM has already been activated, the reseller shall forthwith inform the undertaking which shall deactivate the SIM immediately.

(12) A subscriber shall immediately report a lost or stolen SIM to the Police and subsequently make a request with the undertaking to deactivate such SIM upon presentation of a Police report.